the President of the association, on L4W (Lawyers for Women), the lawyer Michelle Dayan supported the amendment, defended by the family Planning, the House of the women, and several associations in favour of an extension of the temporary legal time limit to perform a surgical abortion. This is due to the constraints of the containment, to pass from twelve to fourteen weeks of pregnancy (sixteen weeks of amenorrhea) the period beyond which a voluntary interruption of pregnancy (ABORTION) at the hospital is no longer possible. This measure would be temporary and would extend three months after the end of the health emergency, scheduled for 10 July.
The senator of the Oise, Laurence Rossignol, in favour of an extension of the temporary legal limit of ABORTION to surgical. © DOMINIQUE FAGET / AFP
The government has made to spend five to seven weeks of pregnancy (nine weeks of amenorrhea) the statutory period for a medical ABORTION at home, after tele-consultation with a midwife or doctor, during the state of emergency. The decree of April 14, extending this period has been contested before the Council of State by several associations (Alliance Vita, the Lawyers for the child and Pharmac’ethics). Similarly, the government has authorized, at the beginning of the crisis, the issuance of the pill in pharmacies without a medical prescription. But it has refused to grant the request extension of the legal duration of the ELECTIVE surgery, as claimed by the family Planning and a collective of doctors and lawyers. An amendment of the senator from the Oise, – and former minister of women’s Rights – Laurence Rossignol, filed on 19 march in the framework of the examination of the draft law on the state of public health emergency, has been retoqué by the minister of Health, Olivier Véran, and the minister of Labour, Muriel Pénicaud. The chosen one has returned to the charge a few days ago in front of the national Assembly, in favour of the examination of the draft law ” concerning various urgent measures to deal with the consequences of the epidemic of Covid-19 “, adopted on 15 may for a first reading. Again, the amendment was rejected, on the grounds that it constituted a ” jumper legislative “.
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“We’ll try our luck on 26 may before the Senate,” said to Me, Dayan. This lawyer, who is very committed to the cause of women, denounces “cynicism” of the government, on this issue. “The minister of Health told us that it is a debate that deserves a discussion. I think, for my part, he has waived this provision for reasons political, electoral and demagogical, the topic of abortion remains cleaving, in the opinion. We do not ask for a longer lasting of the legal time limit for ABORTION, even if I am personally in favour. What we claim, it is an extension provisional to deal with an exceptional situation. “
The déconfinement came, it was too late
The family planning stand to the same conclusion : confined in the lockup of the family, unable to see, women who were not able to diagnose in time during pregnancy are now out of time to be able to have an abortion. “Fifty-eight days of confinement placed on the life of the French of the constraints are very strong, if only to buy bread, or to make an appointment at the doctor. Fear of contracting or transmitting the virus ; fear of cluttering up a bed in hospitals overwhelmed ; difficulties in moving around, especially for minor… many women have renounced to have an abortion during this period ; when it came déconfinement, it was too late “, tells Me Dayan. “Well, the situation has changed for many of the women who initially wanted to carry their pregnancies to term ; or because their spouse is shown abruptly violent in the confined space of the containment, either because the crisis has plunged into economic difficulties insurmountable that they had not envisaged and which makes it more difficult to welcoming a first baby or an extra child “, she adds. “The prescription was suspended in terms of the judiciary ; it has granted the taxpayer additional time to file their income tax returns ; shareholders were allowed to hold their general assembly in a videoconference. In short, the government has planned everything, down to the very last comma in the statements derogatory of output. Except for women, who remain the great forgotten of the health crisis. It is true that for a segment of the population, abortion is still not seen as a right, but as a concession that we made them “, regretted the president, L4W, an association which proposes to put law in the service of the cause of women.
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In response to associations who claim this respite additional two weeks, Marlène Schiappa has referred to the possibility for women in ” psychosocial distress “, the benefit of an IMG (medical termination of pregnancy or ” abortion, therapeutic “). Unlike ABORTION, this act poses no limits in terms of time ; it may be prescribed when the unborn child is a condition which is particularly serious and incurable, or if the pregnancy seriously endangers the health of the pregnant woman. “I’m not sure that women can easily find a doctor who agrees an IMG on the criterion of distress, even if it is admitted. As legitimate as it may be, this reason is legally fragile, and therefore may challenge their liability in case of injury, ” objects to Me, Dayan.
Europe
The legal period for an ABORTION surgery, is for twelve weeks in France, as in most countries of the european Union. He is fourteen weeks in Spain and Austria, 22 weeks in the netherlands and 24 weeks in the Uk. Ireland is the last EU member State to have it legalized, in 2018. Conversely, Poland is severely restricting his practice (abortion is only allowed in cases of rape, incest, danger to the mother or malformation of the irreversibility of the fetus) and Malta prohibited completely, regardless of the situation.
the lengthening of The legal delay to fourteen weeks of pregnancy comes back regularly in the public debate, in France, where the question is far from being consensual.
